If you are looking for a divorce lawyer in Malaysia or planning to get a divorce in Malaysia, you are at the right place. Getting a divorce as a non-Muslim in Malaysia can get messy. With the right guidance and information from our divorce lawyer here, you can be sure that you know what to expect before you start the divorce process. Here are top 10 divorce guide from a divorce lawyer in Malaysia.
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You can only file a joint petition or single petition for divorce in Malaysia
Joint petition is filed when both parties agree to the divorce and all its related terms. On the other hand, a single petition is filed when only one party initiated the divorce process without the agreement from the other party due to disagreement or in the event where the other party cannot be found or located.
It is advisable to first seek for an agreement to file a joint petition by proposing the divorce terms to your spouse. Our divorce lawyer will assist to seek for divorce settlement to resolve the terms amicably. This will help to save time and cost for divorce.
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Divorce application must be made to the Court in Malaysia
You can only file a divorce application to the Court in Malaysia by filing a divorce petition by a divorce lawyer. You cannot file a divorce in the Jabatan Pendaftaran Negara (JPN) since they cannot accept or grant a divorce order for non-Muslims.
This is provided under the Law Reform (Marriage and Divorce) Act 1976 which governs the law of divorce for non-Muslims in Malaysia.
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Filing a joint petition is much cheaper (and faster) compared to filing a single petition for divorce
Mutual divorce costs much lesser compared to a non-mutual divorce since the process for a joint petition is more direct and straightforward. Also, you can save more time as a joint petition will take around 3-6 months to complete.
Our divorce law firm offers fixed legal fees with no hidden charges for our divorce services in Malaysia.
You may get legal advice and quote for divorce from our divorce lawyer via WhatsApp below.
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You don’t need a reason to file a divorce in Malaysia if the divorce is mutual (Joint petition)
If the divorce is agreed by both parties including all its related terms, no reason is required to file a divorce petition in Malaysia. Parties can file for a divorce as long as the marriage is more than 2 years.
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You need a reason to file a divorce in Malaysia if the divorce is not mutual (Single petition)
If the divorce is not agreed by either party, you need to prove your ground to file a divorce in Malaysia by way of single petition.
You may read the grounds to file a divorce in Malaysia by way of single petition here.
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You need to attend the marriage counselling with the JPN if the divorce is not mutual (Single petition)
Before you can file a single petition, you need to register with the JPN (nearest JPN based on the address of you and your spouse residing together) for marriage counselling. You can start the divorce process upon completion of the counselling assuming the counselling failed to reconcile both you and your spouse.
You may read here for more information on the said marriage counselling with the JPN.
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You must attend the divorce hearing in the Court physically (or online)
Depending on whether if you filed a joint petition or single petition, the applicant(s) must attend the Court for divorce hearing fixed by the Court. Online divorce hearing (by way of ZOOM application usually) is possible subject to the approval of the Court.
Furthermore, you may apply for an exemption from the divorce hearing. Again, this is subject to the approval of the Court.
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Divorce certificate will be issued 3 months after the divorce hearing
Under the law, divorce certificate (also known as certificate of decree nisi made absolute) will be issued 3 months after the divorce hearing. This is to allow parties to reconsider their decision and they may ‘stop’ the divorce within the 3 months cooling-off period. You must communicate with our divorce lawyer to ‘stop’ the divorce before it is official.
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Your divorce process will be completed once the JPN is updated
Divorce order is only granted by the Court in Malaysia. Our divorce lawyer will assist to update the JPN on the divorce status to update your marital status. You may remarry again any time after the divorce is updated with the JPN. This is a final step where many people failed to follow in Malaysia only to find out later on.
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Divorce is not about winning
Lastly, getting a divorce in Malaysia is not about winning the other party. It is about achieving a fair settlement between parties including terms on custody of children, amount of alimony & maintenance of children, and division of matrimonial assets. As a matter of fact, most divorce disputes in Malaysia end up in with divorce settlement without fighting in the court. This is to ensure that parties are able to negotiate on their terms freely to achieve a win-win settlement.
Conclusion
Objective of this top 10 divorce guide from a divorce lawyer in Malaysia is to give more clarity and insights on the divorce process in Malaysia. Remember to always seek for divorce settlement whenever possible. This is to allow parties to negotiate freely without escalating the matter to the Court. This will not only save you time but money as well. Afterall, you don’t want to end up fighting endlessly.
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